FISCHER v. BARNETT BANK OF SOUTH FLORIDA, N.A.

No. 87-113.

511 So.2d 1087 (1987)

Hubert FISCHER & Angeles De Fischer, Appellants, v. BARNETT BANK OF SOUTH FLORIDA, N.A., Appellee.

District Court of Appeal of Florida, Third District.

September 1, 1987.


Attorney(s) appearing for the Case

Steinberg & Merlin and Robert Merlin, Miami Beach, for appellants.

Sparber, Shevin, Shapo & Heilbronner and Jerome Shevin and Michael S. Perse and Marsha C. Rosen, Miami, for appellee.

Before HUBBART, NESBITT and FERGUSON, JJ.


PER CURIAM.

This is an appeal by the defendants Hubert Fischer and Angeles de Fischer from a trial court order denying their motion to vacate an adverse final declaratory decree entered below on a default. We affirm the order under review for two reasons.

First, the defendants have failed to establish, as required by Florida law, that they did not timely respond to the petition for declaratory decree due to their excusable neglect. The defendants were properly...

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